Tan Chye Hin v PP: Obtaining Sexual Services of Minor & Sentencing Benchmark

In Tan Chye Hin v Public Prosecutor, the High Court of Singapore heard an appeal by Tan Chye Hin against his 12-month imprisonment sentence for an offence under s 376B(1) of the Penal Code, for obtaining the sexual services of a 17-year-old. The High Court, with Lee Seiu Kin J presiding on 6 May 2009, allowed the appeal and reduced the sentence to 9 months' imprisonment, establishing a benchmark for sentencing in similar cases.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Tan Chye Hin appealed his 12-month sentence for obtaining sexual services from a 17-year-old. The High Court reduced it to 9 months, setting a benchmark.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal LostLost
Mark Tay of Attorney-General’s Chambers
Tan Chye HinAppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Mark TayAttorney-General’s Chambers
R S BajwaBajwa & Co

4. Facts

  1. The appellant, a 55-year-old contractor, was charged under s 376B(1) of the Penal Code.
  2. The appellant obtained the sexual services of a 17-year-old Chinese national.
  3. The appellant paid the victim $100 for the sexual service.
  4. The appellant knew that the victim was 17 years of age.
  5. The victim came to Singapore to work as a prostitute.

5. Formal Citations

  1. Tan Chye Hin v Public Prosecutor, MA 308/2008, [2009] SGHC 111

6. Timeline

DateEvent
Appellant asked for B’s sexual services
Judgment issued

7. Legal Issues

  1. Sentencing for Offence under s 376B(1) Penal Code
    • Outcome: The court reduced the sentence from 12 months to 9 months, establishing a benchmark.
    • Category: Substantive
    • Sub-Issues:
      • Appropriate punishment for obtaining sexual services of a minor
      • Consideration of victim's willingness
      • Relevance of age disparity

8. Remedies Sought

  1. Appeal against sentence

9. Cause of Actions

  • Obtaining sexual services of a person under 18 years of age

10. Practice Areas

  • Criminal Law
  • Sentencing Guidelines

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tay Kim Kuan v Public ProsecutorHigh CourtYes[2001] 3 SLR 567SingaporeCited to compare sentencing for offences involving sexual exploitation of minors.
Annis bin Abdullah v Public ProsecutorHigh CourtYes[2004] 2 SLR 93SingaporeCited to compare sentencing for offences involving sexual exploitation of young victims.
Public Prosecutor v Wang MinjiangHigh CourtYes[2009] 1 SLR 867SingaporeCited to compare the culpability and sentence of the pimp involved in the procurement of sexual services from a minor.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 376B(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Sexual services
  • Minor
  • Section 376B(1) Penal Code
  • Sentencing
  • Benchmark
  • Vulnerable victim
  • Commercial sex

15.2 Keywords

  • sexual services
  • minor
  • section 376B(1)
  • penal code
  • sentencing
  • benchmark

17. Areas of Law

Area NameRelevance Score
Penal Code95
Criminal Law90
Sexual Offences85
Sentencing80
Criminal Procedure70
Offences60

16. Subjects

  • Criminal Law
  • Sentencing
  • Sexual Offences